I am collecting 1/3rd of the potential benefits I could be receiving due to the state of Oklahoma deducting my pension from my unemployment check each week, however I was informed by relatives in New York that in New York the state is not allowed to deduct your pension from your unemployment checks and I was curious
1. If this is something unique to either New York/Oklahoma?
2. Is it against the law in Oklahoma (or federal) for them to reduce the amount of unemployment benefits I receive due to my collection of a pension
3. should I appeal the amount they are deducting from my check each week
Consumer Protection Attorney
In Oklahoma, the maximum weekly benefit amount is $386.00. If you are receiving a weekly pension from the company, then the OESC may reduce your unemployment benefits by the pension amount.
According to the OESC, retirement/pensions may reduce your weekly benefit amount and in some cases could make you totally ineligible to receive benefits. The payments will be deducted from your weekly benefit amount if (1) the pension or payment is from a base period employer(s) and (2) the employer contributed to or maintained the pension. Deductible monthly pension/retirement payments will be prorated on a weekly basis. Your weekly benefit amount will be reduced dollar-for-dollar of your deductible weekly pension amount. If you receive a lump-sum distribution from a retirement plan, the payment will be deductible in the week in which you receive the payment.
Federal law and New York law have nothing to do with what goes on with unemployment claims in Oklahoma, unfortunately.
The answer given does not imply that an attorney-client relationship has been established. Your best course of action is to consult with an attorney by phone or personal meeting. Contact your local bar association for a referral.